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Minutes - August 24, 2009
7:00 P.M.

SELECTMEN PRESENT:   Ballantine, Cole, LaMantia, McManus, Wilkins

OTHERS PRESENT:  Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, David Ryan, Tom Leach, Murray Johnson, Leo Cakounes, John Mahan, Gerry Loftus, Matt McCaffery, Paul Erickson, Joseph Cavanaugh, Valerie Foster, Bill Doherty, Richard Thomas, Hugh Drummond, and others.

MEETING CALLED TO ORDER at 7:10 p.m. by Chairman McManus.

Chairman McManus reported that the Board had just come out of Executive Session where they discussed real estate matters and contract negotiations.


A.      Vote to sign bonds for refinancing existing debt

At Mr. Ryan’s recommendation, Mr. Ballantine moved to sign the bond refinancing the existing debt.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.


A.      Public Hearing – Proposed amendment to Harbor Management Plan regarding Refund Policy (continued from 7/27/09)

Chairman McManus opened the hearing.  Mr. Leach and Mr. Johnson outlined the following proposed change to the Dockage Fee Refund Policy of the Harbor Management Plan:

Deposits on dockage due December 15th (1/3 due).

Final balances on all seasonal and year-round dockage are due May 1st.  If a slip is given up prior to the final payment, there will be no refund of deposits.  This refund policy will take effect once final payments are received.

Any account not paid in full by the May 1st deadline will be charged a late fee in the amount of $100.  In addition to the late fee, past due accounts will receive a letter sent by certified mail stating that the account is delinquent and that all outstanding fees must be paid by June 1st.  All negotiations/appeals should be made by the time of the original May 1st deadline.

Refund Policy:

1.      All cancellations must be in writing.
2.      Cancellations before May 31st may receive a 50% refund.
3.      Cancellations before June 30th may receive a 25% refund.
4.      Customers canceling slips after June 30th in any calendar year will forfeit the balance of any dockage fees paid on account for that season.

Mr. Leach and Mr. Johnson took questions and comments from the Board.  There were no comments from the public.  The Board stressed that the language was not clear in many areas and made numerous suggestions for changes.  Mr. Wilkins moved to close the public hearing.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.  Chairman McManus said there were substantial recommended changes to the document and asked that it be redrafted and brought back to the Board.  Mr. Cole asked that the amended language be run by the liaison.

B.      Public Meeting on Proposed Policy on Award of Contract (continued from 8/10/09)

Mr. Cole moved to adopt the policy for approval of municipal contracts as written.  Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

C.      Presentation by Leo Cakounes on cranberry operations at Hinckleys Pond

Chairman McManus stated that Jeff LaFleur of the Cranberry Growers Association would like to do a presentation as well at a date to be determined.  Mr. Cakounes agreed and added that it would be appropriate for the Association to discuss the letter as they helped the Agricultural Commission formulate it and should answer any questions.  Mr. Cakounes took general questions and comments regarding issues of operating cranberry bogs.


A.      Beach Road Petition – discuss for possible action

Chairman McManus stated that this meeting is intended to be a discussion between the Board and the petitioners.  He reported that Town staff met last Friday and discussed the issues raised in the petition.  Mr. Merriam outlined the following report that staff came up with:

The Town is in receipt of a petition dated August 10, 2009 to Town Clerk Anita Doucette from William N. Hendricks, III, regarding Public Beach 22, commonly referred to as Beach Road.  Beach Road has an extensive history between Mr. and Mrs. Fitzpatrick, who own the abutting parcel of land at 43 Shore Road and a number of property owners, referred to as the Pineneedle Lane neighborhood who access Public Beach 22. In December, 2008, Mrs. Margaret FitzpatrickFitzgerald and her Engineer, Marty Moran, filed an application before the Conservation Commission for work within the Town’s forty foot easement. The proposed work included the relocation of the boardwalk to the west and the erection of a stockade fence in the middle of the easement which was interpreted by the Pineneedle neighborhood as another attempt by the FitzpatricksFitzgeralds to encroach upon the easement and to impede their beach access. The Fitzpatrick’sFitzgerald’s application before the Conservation Commission has been subsequently withdrawn. The Town Surveyor, Paul SweetserSweetzer, surveyed the property in April and prepared a Plan of Land dated April 13, 2009 which located the ocean level at both extreme high tide and a normal low tide. Town Engineer Joe Borgesi interpreted the data that the mean high water line is located seaward of the Fitzpatrick property line and therefore, the Town may place sand on the beach as part of our beach nourishment program. Our beach nourishment permit allows placement of sand only above the mean high water line.

The August Pineneedle petition seeks to restore and maintain Public Beach 22 with eight specific requests.

Request A seeks to test and dispose of contaminants and hazardous materials. The petitioners provide no evidence that such hazardous materials exist. The Town will evaluate the evidence when it is provided and act accordingly. (Letters reference BOS minutes of September and October 2005 as proof that demolition debris was buried in the right of way, but no one witnessed it.)

Request B seeks the Town to order the removal of a dune. The Conservation Commission records indicate that the FitzpatricksFitzgeralds applied for permission to build an artificial dune and ConCom permission was granted in 1994 (Conservation Commission Order of Conditions, Case 1033). This work was performed before the FitzpatricksFitzgeralds received a cease and desist order in 1997 from ConCom for attempting to bury seaweed with a Bobcat without permission (unauthorized alteration of a coastal dune, coastal bank and the intertidal zone). The artificial dune extended by eight feet into the Town’s forty foot easement. However, in the opinion of Attorney James Falla, the dune did not unreasonably interfere with the right of way.
Request C seeks to repair erosion on the westerly side of the beach. Erosion is a naturally occurring event and does not require any reconstruction.
Request D seeks to replace the old boardwalk in the center of the easement. The prior boardwalk had deteriorated and was deemed to be a safety hazard. The Town intends to replace the former wood boardwalk with a boardwalk consisting of rigid composite and built in the same location, which is approximately 73 feet in length. The boardwalk will clearly delineate the public access path to Beach 22.
Request E seeks to replant the northerly section of the easement with appropriate vegetation to control future erosion. The staff found no justification for replanting.

Request F seeks to renourish the beach similar to Grey Neck Beach. Harbormaster Tom Leach has committed to re nourishing Public Beach 22 with approximately 10,000 cubic yards of sand from the Barnstable County Dredge program.
Request G seeks to remove all moorings in front of public beaches. Harbormaster Tom Leach indicated that he will abide by and strictly enforce the Harbor Management Plan, which prohibits any moorings in front of public beaches.

Request H seeks to have these issues addressed by June, 2010. It is the Town’s intent to fulfill its commitments by that timeline, subject to receiving timely approval of any required permits.  

Town Counsel Barbara St. Andre in a 1997 opinion stated that “any rights asserted by the neighbors must be decided between the private parties”. Town Counsel continued that opinion that Mr. and Mrs. Fitzpatrick have the right to use their land so long as it does not interfere with the Town easement. It is the Town’s intention to retain public access to Beach 22 through the Town’s forty foot easement via a well delineated boardwalk and to supplement the eroded beach by renourishing with additional sand from dredging nearby waterways.

Chairman McManus stated that if you review the original subdivision plan and the deeds of each of the property owners, there is nothing there to indicate that they have any fee interest in the private road.  He stated that there is a suggestion that the private road was subject to the control of all the lots in the subdivision and there needs to be a clear decision whether there is any actual fee ownership in the road and where in deeds or court documents it is specified because if it isn’t, then it’s a private road that is a subject of ownership of the entire subdivision with all lot owners having an equal right to it subject to the easement that the Town has over having the roadway open to the public for access to Public Beach 22.

Mr. Merriam stated that he is trying to keep the Board’s focus on what the Town’s rights are and that is the 40 feet easement that we have which gives us the right to maintain access to the Town owned beach.

Chairman McManus stressed that they must also act in a regulatory capacity and in that capacity they should only be giving people permission to do things on property the Town has control over and the question is who has ownership of it, the two neighboring property owners or is it owned collectively by the members of the subdivision.   He stated that if it is owned by the subdivision, then the two neighboring property owners have no rights to bring an application to do work in the right-of-way by themselves and they have to get the association or the subdivision holders to agree with them.

Mr. Merriam stated that with the Fitzpatricks withdrawing their application it is a moot point.  Chairman McManus noted that it is going to come up again and they have to get it settled.  Mr. Cole stated that he is not sure it is moot and that it must be determined whether the Conservation Commission was authorized to permit the rebuilding of a dune where there is testimony that there wasn’t one for over 50 years.  He noted that there are further claims that there was rubble used from construction on the Fitzpatrick property as part of the dune.

Mr. Ballantine agreed that it needs to be settled and he reported that when this issue came in front of the Conservation Commission, the Commission looked solely at the 40 foot right-of-way and said that they could not move the fence over into a Town right-of-way.

Joseph Cavanaugh, attorney representing the petitioners, stated that it would be appropriate to ascertain ownership rights.  He noted that nourishment of the beach is of primary importance to the petitioners.  He stated that some erosion has taken place and he questioned what the Town’s plans are for nourishment.  

Mr. Leach explained that the Herring River channel is the closest to this site and they may be able to find 2,000 to 3,000 yards of material in the channel to deposit on the beach.  He pointed out that this beach has never been nourished and that the Board would make the final decision upon his recommendation. He noted that the permits are all good if the Board chooses to go ahead with this.  Mr. LaMantia pointed out that the dredging plan does not allow for the Herring River to be dredged before 2010 and the plan would have to be adjusted.  Mr. Leach suggested that it may be possible to do this in the Fall after we review responses for our RFP on surplus sand.  Mr. Cole stated that although this beach is not in the plan, it needs a higher priority to protect it from being lost.  Chairman McManus and Mr. Ballantine agreed that nourishing this beach should be a fairly high priority for the not too distant future.

Chairman McManus stated that it is certainly in our interest to find out what the original permits on that project allowed and how what exists there now differs.  He added that the Highway Department has indicated that they are going to be replacing the boardwalk.  Mr. LaMantia stated that instead of taking out the fence, there needs to be a clear demarcation of where the Town land is so the people who want to use it know where they can go.

Mr. Cole commented that this problem has been festering several years, and most recently these people have been writing the Board and bringing things to their attention since the first of the year.  He noted that a request to address these items by June of next year is reasonable.  Mr. Cole moved that the Board address items in the petition that are within their purview and commit to resolving them by the requested date of June 2010.  The motion was not seconded.   Chairman McManus reiterated that he would like to know more about the original permits and how what exists now differs.  Mr. Wilkins recommended referring this to the group that put together the Beach Nourishment Plan and have them prepare an action plan with timetables and costs to bring back to the Board to see what is financially feasible and reasonably accomplished and the Board agreed.

B.      Maintenance Program for Harwich Center School Building – review

Chairman McManus very briefly outlined the plan and the Board took no action.  (See attached).

C.      Approve expenditures from the Affordable Housing Fund – motion to approve

The Board discussed the proposal to authorize the expenditure from the Affordable Housing Fund of up to $20,000 annually to pay for legal and related expenses required for the Town’s affordable housing program including up to $10,000 annually for a Housing Program Manager for a total expenditure of $30,000.  Mr. Loftus noted that the Housing Committee is in agreement with the $10,000 for the Housing Consultant.  He noted that they have mixed feelings about having legal fees charged against their budget and that if money is spent on legal fees they need to be informed of it before the fact.  He added that this should be revisited yearly.

Chairman McManus recommended that they should indicate that they will review the program yearly, that they identify the $10,000 for legal fees, $10,000 for related expenses and $10,000 for the Housing Consultant all to come from the Affordable Housing Fund.  Mr. Wilkins moved Chairman McManus’ recommendation.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.


A.      Vote to refer to Housing Authority request by Housing Committee for expenditure from the Affordable Housing Fund – motion to refer

Mr. Loftus noted that the Housing Committee is seeking $5,000 from the Affordable Housing Fund for the Home Sweet Home Program toward a survey of property along Depot Road on Map 63, parcels J1, J2, J3, J4, and J6.  He noted that they requested similar funding from the CPA which did not pass a vote at their meeting.  He noted that they will be requesting it again in September.

Matt McCaffery explained that the reason for that vote was that this is a sizeable parcel under consideration for development by the Housing Committee and at the same time there is under consideration the purchase of another property in the vicinity by the Real Estate and Open Space Committee of about the same size.  He commented that it seemed like a conflict.  He noted there were concerns about where the wastewater from the developed parcels would end up and maybe a development of that size should wait until we have sewers.  He stated that this needs further exploration before they commit funds.

Valerie Foster, Director of the Housing Authority, stated that she did not think the Housing Authority would say no to the request and Mr. Doherty stated that it is something they would generally support for low income rental housing.

Mr. Wilkins moved to vote to refer to the Housing Authority the request by Housing Committee for expenditure from the Affordable Housing Fund in the amount of $5,000.  Mr. Cole seconded the motion.  The motion carried by a unanimous vote.

B.      Solar panels at Transfer Station – discussion

Mr. Merriam noted that the Board has a letter from My Generation Energy which asks if the Town is interested in leasing a portion of the landfill cap for a period of time with regard to the opportunity to install solar panels.  He noted that they are seeking to install somewhere in the order of 800 to 900 solar panels.  He explained that the DEP controls post landfill closure reuses so anything the Town may consider must be submitted to the DEP.  Mr. Merriam questioned if the Board would like to entertain an RFP or an article to seek Town Meeting approval.

Mr. Cole stated that Mr. Worth pointed out that the people running the landfill need to understand what the installation implications are and there is a question of maintenance issues as well.  He pointed out that this firm would install the panels which would become owned by the customers for the electricity in a type of co-op.  He noted that how we interface and protect our interests is something we need to look at carefully.

Chairman McManus stated that the issues of how it would work and be organized would need a lot of research however conceptually it is fairly straightforward and he believes they could go forward to gain authorization to potentially lease land for that at the landfill.

Mr. Doherty pointed out that the Town already belongs to an electric co-op and suggested that they explore this idea with them.  Chairman McManus responded that they would still need authorization for the lease.  Mr. LaMantia stated that they would need more information for Town Meeting including the value and Mr. Ballantine agreed.  Mr. Cole noted that if it is put out to bid, the market will tell you what it is worth.  He commented that it is competition for the Compact and if it generates revenue for the Town and doesn’t do damage to the landfill it is fine.   Mr. Wiegand pointed out that there is only two feet of coverage over the landfill membrane and if a rip occurs, they will have to replace the entire membrane.  Mr. Cole noted that they need to find out if anyone had done this anywhere else including this company.

C.  Vote to approve change to the Harwich Buy-Down Program – motion to approve

Valerie Foster explained the proposed change in the Harwich Buy-Down Program to have the potential first time homebuyer shop for a home in accordance with the program guidelines and then at the time of closing receive a buy-down grant.  She noted that originally the program required the Housing Authority to purchase homes and then sell them to first time homebuyers at a reduced price after rehabilitation.  Mr. Wilkins moved to approve the change to the Harwich Buy-Down program.  Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

D.      Integrated bicycle facility for Cape Cod – Federal Program

Mr. Thomas explained that this is a program between the Cape Cod National Seashore and the Cape Cod Commission to improve bicycle facilities all over Cape Cod.  He discussed the draft letter to the Cape Cod National Seashore which suggests certain routes in Harwich be included on the project list as recommended by the Town Planner, most importantly to establish a connection from the Cape Cod Rail Trail near Harwich Center to Route 28 and to construct and sign a bicycle facility along Route 28 from Dennis to Chatham.  Mr. Cole pointed out that they need to identify the “Old Colony Bike Trail” in their letter.

Mr. Wilkins moved to support the proposal to further the development of the integrated facility for Cape Cod.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

E.  Vote to grant permit for Ceremonial Bonfire Permit for Beach Day – motion to approve

Chairman McManus explained that the bonfire had been a portion of the Beach Day activities for many years but was let go.  He stated that this year, in lieu of having fireworks, the group that was planning the “Fall for Harwich” activities thought it was a good idea to bring it back and combine it with the beach activities on September 12th.   Chief Flynn stated that a Ceremonial Bonfire Permit is allowed once per year and must be approved by the Board as well as overseen by the Fire Department.  Mr. Wilkins moved to grant a permit for a ceremonial bonfire for Beach Day.  Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

F.      Request for rescission of vote – motion to take action

Chairman McManus explained that the Board has had a request to rescind their vote approving the use of trip reduction mitigation funds in providing for a multimodal lane configuration as part of the Long Pond Drive resurfacing project.  He noted that there is some concern that this may not have been properly vetted.  He explained that the Highways and Maintenance Director needs to get the survey and design bids out shortly after Labor Day in order to get the drainage done in the Fall and the resurfacing done in the Spring.

Mr. McCaffery stated that he believes the proposal should be reviewed by the Planning Board and they would be ready to have an emergency meeting.  Chairman McManus urged Mr. McCaffery to get a recommendation to the Board by the day after Labor Day.  Mr. McCaffery suggested that the Board not rescind their vote but make it subject to the recommendation of the Planning Board.  Mr. Cole recommended getting input from the Traffic Safety Committee and Mr. Thomas explained that they were copied on the proposal.  

Mr. Drummond, representing the Harwich Taxpayers Association, read their letter in which they requested the rescission of the vote.

Mr. Wilkins stated that he would not be rescinding his vote and he did not agree with everything in the letter.  Mr. Ballantine noted that he would like to allow for public input.  Chairman McManus pointed out that we have already submitted our request for reimbursement from the Cape Cod Commission for the mitigation funds for this project but should there be a change of direction they would be happy to take their check back.  The Board agreed that the Planning Board would hold a hearing and they would see where they stand the day after Labor Day.


A.      Approve minutes –
1.        July 13, 2009 Regular Meeting
2.        July 27, 2009 Regular Meeting
3.        August 10, 2009 Executive Session
B.      Accept monetary gift from estate of Annette C. Blais to Harwich Police Department
C.      Approve request to close a portion of Woodland Road for block party on August 29
D.      Accept resignation of Tom Davis from the Agricultural Commission
E.      Rescind reappointment of Mark Coleman from the Agricultural Commission
F.      Accept resignation of Robert Widegren from the Council on Aging
G.      Accept resignation of Dorothy Hemmings from Voter Information Committee effective August 27, 2009 and from the Harwich Cultural Council effective September 10, 2009
H.      Appoint Constables
I.      Approve request by Strictly Smallmouth for bass tournament on Long Pond for September 12, 2009
J.      Approve request to close a portion of Braddock Lane for block party on September 5

Mr. Cole moved to approve the Consent Agenda and take the appropriate actions pertaining thereto.  Mr. Ballantine seconded the motion.  Mr. Wilkins stated that he has noted to the Assistant Town Administrator that the August 10, 2009 Executive Session minutes need to be changed to reflect that he was present at the meeting.  The motion carried by a unanimous vote.


Mr. Merriam delivered the following report to the Board:

S&P Bond Rating
The Finance Team is pleased to report that S&P has retained Harwich’s most recent upgrade of AA+. We are in the process of refinancing existing debt of $8,585,000 to a lower interest rate averaging 2.01%. Please read the attached S&P’s Public Finance report/rationale. Our savings over the 11 year remaining life of these bonds is $86,840 for FY 10 and $428,905 total savings. Appreciation should be directed to Jim Eldridge from Cape Cod Five for their two year effort in our behalf. You will be asked to sign the bonds on Monday night.

Harwich Junior Theatre Lease
HJT President of the Board of Directors Rebecca Alden has executed the 25 year lease with the Town for the Center School (Old Rec) Building.

HUD Grant
Terry Canavan and Barbara Anne Foley proudly report that Alice Boyd’s HUD grant application has been awarded for a second year in the amount of $880,000 to Harwich and Dennis to continue the good work of assisting an additional 22 needy homeowners in Harwich Center and Dennis with home repairs. Dennis and Harwich will also share $115,000 out of the total for child care for housing rehab grant recipients.

Coastal Engineering –Infrastructure Report
Coastal has delivered their final report on the conditions of Harwich’s waterways infrastructure. A copy of the report is in your office and electronic versions are also available. This will give us a format to improve our structures through identifying priorities within our Capital Budget and to locate various funding sources.

Municipal Solid Waste
Link and I attended a presentation at CCC on August 19, 2009 with Bruce Haskill from CDM who has been retained by this consortium to evaluate solid waste alternatives prior to negotiating any renewal with SEMASS by 2015.

Cape Managers Meeting
I hosted this month’s meeting in which Mark Zielinski presented details of Ch. 21, the new Pension Reform Act as well as proposed changes and Barnstable County’s/PERAC Retirement investment history.

False Alarms: previous vote
Mr. Ballantine moved to accept the proposal as made to us with the amendments that we change the fee structure of Alarm 4 to $50, Alarm 5 to $100 and Alarm 6 or more to $150.~ Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Vote to assess false alarm service fees under Town By-Law Article VI, Section 6-103 (b) for each false alarm in excess of three (3) emanating from any single location occurring in the 2010 calendar year.
It is recommended that the fees assessed for exceeding three (3) false alarms in a calendar year be established as follows:
A.~~~~~~~~~ Alarms 1 – 3:~~~~~ No Fee
B.~~~~~~~~~ Alarm 4:~~~~~~~~~~~~~ $25.00~~~~~~~~~~~ ~~~~~~~~~~~ Revised to $50
C.~~~~~~~~~ Alarm 5:~~~~~~~~~~~~~ $50.00~~~~~~~~~~~ ~~~~~~~~~~~ Revised to $100
D.~~~~~~~~~ Alarm 6 (+)~~~~~~~~ $100.00 each~~~~~~~~~     Revised to $150
Police Station grading /Old Foundation
From Jim Byrne
I spoke with Andrew Coonie (DEP southeast) on August 4th. I was told that the asbestos coated concrete could not be buried on site. As far as changing grades, one only has to visit the site and see where the new elevation is near the generator and then look up to the existing grade around the old station and it becomes apparent that this would not be a cost effective solution to the problem.

From Joe Borgesi
Pursuant to your request, please know that we have reviewed the site plans for the new police station and find that raising the grade in the area of the old police station foundation sufficiently to allow the old foundation to remain would compromise the entire site design including the finish grade surrounding the new structure as well as access from Sisson Road and the site storm water drainage system.~ Since the existing site contract includes finishing the site in accordance with the proposed site plan, the Contractor would most likely request a change order to alter the configuration again resulting in increase cost. In addition, raising the finish grade would negatively impact the overall aesthetics of the site. Please let me know what questions you may have.~

Chairman McManus, Dave Ryan and I attended a FinCom meeting on August 18th to seek a $5K RFT for public safety details related to the Parade/Beach Day/RR Beach bonfire and Christmas in the Harwiches. We also discussed the STM, balancing FY 10, the 5 Year plan and Refinancing Bonds.

Solar Panels at Transfer Station
I met with Luke Hinkle and Judith Underwood re: their proposal to lease an acre at the Transfer Station for placing 800-900 solar panels. Since the value of the lease would exceed $25,000, we would anticipate a bid process and Town Meeting authorization to lease (similar to the Elementary School and wind turbine project). Does the Board wish to proceed with bidding? Lincoln Hooper reminded me that DEP will have to approve any post landfill closure re-use. The other issue would be maintaining/mowing around the panels.

Federal Safer Grant
We could have received Federal money to partially pay for the two new firefighter hires, if they had not been already hired.

E-Mail from Gerry Loftus to Sal DeSantis
Dear Sal,
The Harwich Housing Committee voted on 8/10/09 to pursue the possible revocation of all or part of the referenced Annual Town Meeting Article so that an Affordable Housing Complex (possibly Assisted Living) could be built on this property.  The committee is available to meet to further discuss this potential project at your earliest convenience. Please advise.
Gerry Loftus
HHC Chair
Footnote: Article 29 of May 2004 transferred 11.85 acres from BOS to Golf Committee. It is located just south of driveway entrance and believed to be the location of the new driving range.

Re:~~~~~Complaint and your letter of August 4, 2009
I called Ms. Dey and advised her that we~(the~Bikeways Committee) would address the problem. It is on the agenda for the Bikeways meeting on August 19.
One project the Bikeways Committee hopes to take up on an urgent basis is to place signs on the bike trail indicating the locations of services in Harwich Center. We envision a ladder type sign that would list all the businesses interested in being on the signs. The signs would be at the trail crossings at both Rt. 124 and Oak Street. We will explore the possibility of getting the merchants to pay for the signs. We also propose to put up signage designating the restroom facilities at Brook Park and perhaps the Community Center. I passed these thoughts on to both Ms. Dey and Kris Larsen. Kris was very pleased with the idea.  We will keep you advised. - Dick Thomas
Fuel reports for FY 10~
In response to a request from FinCom, the Town Accountant has prepared the attached spreadsheet using FY 09 volumes and FY 10 unleaded and diesel prices vs. FY 10 budget. This shows anticipated surpluses and shortfalls. This is helpful in our Green Communities baseline energy use. Joel is preparing the School Bus spec for FY 11 with a requirement that the contractor provide their own fuel. We have supported this position that a private vendor ought not pump our fuel into their vehicles, as we cannot attest to its usage for only our contract.

Tower Co. proposal
Attached is a proposal from Tower Co. for a permanent easement in the amount of $475,000. I have asked Dave Ryan to provide a recommendation to you.

Recreation Department
Jim,~ Just wanted to let you know that we have set up our Harwich Recreation Facebook page.~ It is up and running but we still have a lot of work to do to add to it.~ So far we have the contact info for the department and the list of Fall Programs for this fall.~ We will continue to work on it to put more specific department information in.~ Eric

Thompson Field (Rt. 39 side)
Per your request yesterday, I have contracted Landmark Fence Company to install the 300' of chain link fence at Thompson's Field and will pay for it out of the DPW purchase services budget. - Link

Dog Hearings
I conducted two dog hearings on August 20, 2009 and will be forwarding ACO Jack Burns and my recommendation to your for September 8th meeting.

Capital Budget
The Capital Outlay Committee met with the Golf Committee, Police Chief and Harbormaster on August 20, 2009. Their next meeting is scheduled for September 10th.

Saquatucket boat ramp bids
We opened bids for the boat ramp reconstruction project today.~ Here are the 3 lowest bidders.
C. White Marine, Danvers, MA~~~~~~~~~~~~~~~~~~~~~~~~~~~ $236,222.03
Robt. B. Our~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$246,337.30
W. S. Shultz~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$266,427.20
We received a total of 11 bids, the high bid was $336,800.00.~ As you can see from the bids - the market is very competitive.
The two low bidders are required to submit minority/women business paperwork within 7 days.~ Once we receive that info. we will award a contract to the lowest eligible bidder.~~ Once the contract is approved, I will issue a "Notice to Proceed" to the contractor and cc you as well.~ The earliest a NTP can be issued is Sept. 8, 2009.
Douglas H. Cameron
Assistant Director, Deputy Chief Engineer
1440 Soldiers Field Road
Brighton, MA 02135
Phone 617-727-1843, Fax 617-727-7214

A.      Selectmen’s Goals – Reports

Chairman McManus noted that the Board needs to have a presentation on the Open Space Plan.


Mr. Wilkins moved to adjourn at 11:04 p.m.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel
Recording Secretary

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